Work not done - Reimbursement of preparation costs?
Discussion
I had my boat lifted out before CV-19 for an engine and sterndrive service and a couple of other remedial items.
Carry out 200 hour service including replacing bellows and clamps
Replace the sterndrive exhaust scupper flaps, securing rivets and plates.
Re-grease the steering fork bushes to eliminate the excess play. If this does not rectify the issue then replace the fork bushes and seal.
I'm reasonably certain the service was carried out but not the additional remedial items. Unfortunately some time after the boat was relaunched it was abundantly clear the work wasn't done as evidenced by the boat almost sinking! Fortunately the marina was on the ball and pumped the engine room out with a mains powered pump. At long last I've been able to get an engineer to visit and he's of the opinion the work wasn't done or if it was substandard.
I believe it's only reasonable for the engineers to reimburse me for the cost of lifting the boat, storage ashore and eventual relaunch as well as the removal of the sterndrive. After all, none of this would have been necessary if they had done as requested.
Any thoughts?
Carry out 200 hour service including replacing bellows and clamps
Replace the sterndrive exhaust scupper flaps, securing rivets and plates.
Re-grease the steering fork bushes to eliminate the excess play. If this does not rectify the issue then replace the fork bushes and seal.
I'm reasonably certain the service was carried out but not the additional remedial items. Unfortunately some time after the boat was relaunched it was abundantly clear the work wasn't done as evidenced by the boat almost sinking! Fortunately the marina was on the ball and pumped the engine room out with a mains powered pump. At long last I've been able to get an engineer to visit and he's of the opinion the work wasn't done or if it was substandard.
I believe it's only reasonable for the engineers to reimburse me for the cost of lifting the boat, storage ashore and eventual relaunch as well as the removal of the sterndrive. After all, none of this would have been necessary if they had done as requested.
Any thoughts?
If they'd done the exhaust scupper plates (or replaced but done properly) the boat wouldn't have taken on water (left loose?)
As well as re doing the work they should reimburse you for lifting out as well. You could have been well out to sea when this happened..
As well as re doing the work they should reimburse you for lifting out as well. You could have been well out to sea when this happened..
Edited by A1VDY on Thursday 28th May 21:16
BertBert said:
Can you show specifically that the work wasn't done?
Have you asked the people doing the work whether it was done?
Bert
When I put the question to them they replied that all of the work they'd done was on the invoice. None of the remedial work was listed. If it had, the boat wouldn't have taken on waterHave you asked the people doing the work whether it was done?
Bert
the pips said:
When I put the question to them they replied that all of the work they'd done was on the invoice. None of the remedial work was listed. If it had, the boat wouldn't have taken on water
So if you've not actually paid them for work they've not done, then it boils down to a couple of other possibilities:-1) Did you put in writing the required work? Even better, did they quote for the extras in writing before you instructed?
2) Could they be considered negligent in leaving the boat in the state it was in?
If neither, then you're probably out of luck. But this sounds complex, so worth a quick chat with a solicitor...
You asked for a service plus extra remedial work. Was this in writing?
Did they quote for service and extras?
What actual work was listed on the invoice compared to that requested and was there a mention of any work not done? How does the invoice amount compare with any quote?
Did you assume that all work you requested was done?
There appears to be a possible grey area over what was actually done and invoiced compared to what you asked for.
When they released the boat were you confident that all work asked for was done before the boat was put back into the water?
It could be that there has been poor communication between you and the boatyard. You not confirming what had actually been done and them not telling you what had/hadn’t been done.
A sticky wicket!
Did they quote for service and extras?
What actual work was listed on the invoice compared to that requested and was there a mention of any work not done? How does the invoice amount compare with any quote?
Did you assume that all work you requested was done?
There appears to be a possible grey area over what was actually done and invoiced compared to what you asked for.
When they released the boat were you confident that all work asked for was done before the boat was put back into the water?
It could be that there has been poor communication between you and the boatyard. You not confirming what had actually been done and them not telling you what had/hadn’t been done.
A sticky wicket!
sospan said:
You asked for a service plus extra remedial work. Was this in writing?
Did they quote for service and extras?
What actual work was listed on the invoice compared to that requested and was there a mention of any work not done? How does the invoice amount compare with any quote?
Did you assume that all work you requested was done?
There appears to be a possible grey area over what was actually done and invoiced compared to what you asked for.
When they released the boat were you confident that all work asked for was done before the boat was put back into the water?
It could be that there has been poor communication between you and the boatyard. You not confirming what had actually been done and them not telling you what had/hadn’t been done.
A sticky wicket!
A sticky wicket sums it up nicely :-).Did they quote for service and extras?
What actual work was listed on the invoice compared to that requested and was there a mention of any work not done? How does the invoice amount compare with any quote?
Did you assume that all work you requested was done?
There appears to be a possible grey area over what was actually done and invoiced compared to what you asked for.
When they released the boat were you confident that all work asked for was done before the boat was put back into the water?
It could be that there has been poor communication between you and the boatyard. You not confirming what had actually been done and them not telling you what had/hadn’t been done.
A sticky wicket!
The work was requested in an email.
They replied by email with the cost for the services but said the remedial work would need to be investigated once the boat was out of the water. The invoice didn't go into a lot of detail and I asked a number of times for a list of exactly what was done.
I had no reason to believe the work wasn't carried out but you're right, I'd didn't expressly ask if they'd done the work as requested.
It's my contention that they should have informed me that they didn't do the work. Their failure to do so imperiled the boat.
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